by Jason Horowitz
http://www.nyobserver.com/2007/schumer-sticking-mukaseyChuck Schumer just released the following statement reasserting his support for Michael Mukasey's nomination for attorney general.
"I will support Judge Michael Mukasey for Attorney General.
I have spent the last nine months doing everything I can to get new leadership at the Department of Justice and I believe the job will not be finished until we get a strong and independent Attorney General. I believe Judge Mukasey is that type of person. Should we reject him, it is almost certain that an acting, caretaker Attorney General will take office without the advice and consent of the Senate. Inevitably, that would enable those in this administration, who do not believe in the rule of law, and have done things that caused even former Attorney General Ashcroft to threaten resignation, to have the complete upper hand.
(snip)
I would also like to say something about torture, particularly waterboarding. I deeply oppose it. I supported Senator Kennedy's amendment in 2006 and am a co-sponsor of his bill in this congress. Unfortunately, this nominee, indeed any proposed by President Bush will not agree with this. I am, however, confident that this nominee would enforce a law that bans waterboarding as I hope it will.
This afternoon, I met with Judge Michael Mukasey one more time. I requested the meeting to address, in person, some of my concerns. The Judge made clear to me that, were Congress to pass a law banning certain interrogation techniques, we would clearly be acting within our constitutional authority. And he flatly told me that the President would have absolutely no legal authority to ignore such a law, not even under some theory of inherent authority under Article II of the Constitution. He also pledged to enforce such a law and repeated his willingness to leave office rather than participate in a violation of law.